2011 No. 935

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by sections 16(2)(1) and (2A)(2), 16C(2) and (3)(3), 64(1) and (3)(4), 84(1B)(5) and 130(3) of, and paragraph 22(1)(d) of Schedule 9 to, the Road Traffic Regulation Act 1984(6) (“the 1984 Act”) and section 41(1), (2) and (5)(7) of the Road Traffic Act 1988(8) (“the 1988 Act”).

In accordance with section 134(2)(9) of the 1984 Act and section 195(2) of the 1988 Act the Secretary of State for Transport has consulted with such representative organisations as he thinks fit.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 and come into force on 15th April 2011.

(2) In these Regulations—

“the 1984 Act” means the Road Traffic Regulation Act 1984; and

“special forces” means those units of the armed forces of the Crown the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director.

Variation of provisions imposing a speed limit

2.—(1) The provisions falling within paragraph (2) are varied in accordance with paragraph (3).

(2) A provision falls within this paragraph if it is a provision imposing a speed limit and it is contained in or has effect under—

(a)section 14 (temporary prohibition or restriction on roads)(10), 16A (prohibition or restriction on roads in connection with certain events)(11), 17 (traffic regulation on special roads)(12), 81(1) (general speed limit for restricted roads), 84(1) (speed limits on roads other than restricted roads)(13) or 88 (temporary speed limits) of the 1984 Act;

(b)section 3 (orders as to inland waterways etc.)(14) of the Transport and Works Act 1992(15); or

(c)a local Act.

(3) A provision falling within paragraph (2) is to have effect as if no speed limit were imposed in relation to a vehicle used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown on an occasion when—

(a)the person driving the vehicle is a member of the special forces; and

(b)the vehicle is being driven—

(i)in response, or for practice in responding, to a national security emergency by a person who has been trained in driving vehicles at high speeds; or

(ii)for the purpose of training a person in driving vehicles at high speeds.

Regulations in relation to orders and notices under the 1984 Act

3.—(1) An order made, or notice issued, under section 14 of the 1984 Act in relation to a road in England that imposes a speed limit on vehicles must provide for an exemption from the speed limit for vehicles falling within paragraph (4) when used in accordance with paragraph (5).

(2) An order made under section 16A of the 1984 Act in relation to a road in England or Scotland that imposes a speed limit on vehicles must provide for an exemption from the speed limit for vehicles falling within paragraph (4) when used in accordance with paragraph (5).

(3) An order made under section 84(1)(c) of the 1984 Act by a local authority in relation to a road in England must provide for an exemption for vehicles falling within paragraph (4) when used in accordance with paragraph (5).

(4) A vehicle falls within this paragraph if it is a vehicle used for naval, military or air force purposes.

(5) A vehicle is used in accordance with this paragraph if it is being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown on an occasion when—

(a)the person driving the vehicle is a member of the special forces; and

(b)the vehicle is being driven—

(i)in response, or for practice in responding, to a national security emergency by a person who has been trained in driving vehicles at high speeds; or

(ii)for the purpose of training a person in driving vehicles at high speeds.

Amendment of road traffic regulations

(a)in regulation 3 (interpretation) in the Table after “Special equipment” in column (1) and the corresponding entry in column (2) insert, respectively—

““Special forces”

Those units of the home forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director.

“Special forces purposes”

The expression means, in relation to the use of a vehicle, the use of a vehicle by the special forces in response, or for training or practice in responding, to a national security emergency.”;

(b)in regulation 11 (colour of light shown by lamps and reflectors) in paragraph (2)(k) after “emergency vehicle” insert “or to a vehicle used for special forces purposes”;

(c)in regulation 13 (lamps to show a steady light) at the end of paragraph (2)(b) add “or a vehicle used for special forces purposes”; and

(d)in regulation 16 (restrictions on fitting blue warning beacons, special warning lamps and similar devices) after “emergency vehicle” insert “or a vehicle used for special forces purposes”.

(aa)which prevents or decreases the exposure of persons to radiation arising from a radiation accident or radiation emergency; or

(bb)in connection with an event which could lead to a radiation accident or radiation emergency; or

(ii)for special forces purposes;”;

(b)for paragraph (9A) substitute—

“(9A)In this regulation—

“radiation accident” and “radiation emergency” have the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations 2001(18);

“special forces” means those units of the home forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director; and

“special forces purposes” means, in relation to the use of a vehicle, the use of a vehicle by the special forces in response, or for training or practice in responding, to a national security emergency.”.

““special forces purposes” means, in relation to the use of a vehicle, the use where—

(a)

the person driving the vehicle is a member of a unit of the armed forces of the Crown the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which is for the time being subject to the operational command of that Director; and

(b)

the vehicle is being driven—

(i)

in response, or for practice in responding, to a national security emergency by a person who has been trained in driving vehicles at high speeds; or

(ii)

for the purpose of training a person in driving vehicles at high speeds;”;

“(ec)when a vehicle is being used for special forces purposes, sub-paragraphs (c) and (d) shall not apply to the vehicle, and the steady amber and the red signal shall each convey the information that the vehicle may proceed beyond the stop-line if the driver—

(i)accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on the central reservation which lies between two crossings which do not form part of a system of staggered crossings; and

(ii)does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident; and”;

when a vehicle is being used for special forces purposes sub-paragraphs (c), (d) and (e) shall not apply to the vehicle and the red signal, red-with-amber and amber signals shall each convey the information that the vehicle may proceed beyond the stop line if the driver—

(aa)

accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and

(ii)

does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident”; and

““special forces purposes”, in relation to the use of a vehicle, means the use where—

(a)the person driving the vehicle is a member of a unit of the armed forces of the Crown the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which is for the time being subject to the operational command of that Director; and

(b)the vehicle is being driven—

(i)in response, or for practice in responding, to a national security emergency by a person who has been trained in driving vehicles at high speeds; or

(ii)for the purpose of training a person in driving vehicles at high speeds.”;

(b)in regulation 15 (sign shown in diagram 610 and its significance)—

(i)in paragraph (1) after “(2B)” insert “, (2C)”;

(ii)after paragraph (2B) insert—

“(2C)On an occasion where a vehicle is being used for special forces purposes the requirement conveyed by the sign in question shall be that the vehicle shall not proceed beyond that sign in such a manner or at such a time as to be likely to endanger any person.”;

“(bc)when a vehicle is being used for special forces purposes sub-paragraph (a) shall not apply to the vehicle and the red signal shall convey the prohibition that that vehicle shall not proceed beyond the stop line in a manner or at a time likely to endanger any person or to cause the driver of any vehicle proceeding in accordance with the indications of light signals operating in association with the signals displaying the red signal to change its speed or course in order to avoid an accident;”;

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations vary statutory provisions which impose speed limits and make amendments to other road traffic requirements to provide exemptions for drivers who are members of the special forces (defined in regulation 1(2)) using vehicles in response to a national security emergency or whilst being trained or practising to do so.

It is a condition of the exemptions, when responding to an actual emergency or practising to do so, that drivers have been trained in the driving of vehicles at high speeds.

are varied so as to exempt special forces drivers using vehicles in response to a national security emergency or whilst being trained or practising to do so (regulation 2);

(b)provide that—

(i)orders or notices to be made under section 14 of the 1984 Act in relation to roads in England which impose a speed limit,

(ii)orders to be made under section 16A of that Act in relation to roads in England or Scotland which impose a speed limit, and

(iii)orders to be made under section 84(1) of that Act in relation to roads in England,

must exempt special forces drivers using vehicles in response to a national security emergency or whilst being trained or practising to do so (regulation 3); and

(c)amend other legislation to allow the use of flashing headlamps, rear-showing blue lights and two-tone sirens; stop lights at pedestrian crossings to be ignored, where it is safe to do so, and specified traffic signs not to be heeded by special forces drivers using vehicles in response to a national security emergency or whilst being trained or practising to do so (regulations 4 to 7).

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Subsection (2) was substituted by the Road Traffic (Temporary Restrictions) Act 1991 (c.26), section 1(2) and see footnote (f) in relation to the exercise of functions under this subsection.

(2)

Subsection (2A) was inserted by the Road Traffic (Temporary Restrictions) Act 1991, section 1(2) and see footnote (f) in relation to the exercise of functions under this subsection.

(3)

Section 16C was inserted by the Road Traffic Regulation (Special Events) Act 1994 (c.11), section 1(1) and see footnote (f) in relation to the exercise of functions under this subsection.

(4)

Amendments relating to the exercise of powers under section 64 in relation to Wales and Scotland respectively were made by S.I. 1999/672 and 1750 and, by virtue of S.I. 1999/3143, the functions under section 64 which were exercisable by “the Ministers acting jointly” were transferred to the Secretary of State.

(5)

Subsection (1B) was inserted by the Road Traffic Act 1991 (c.40), section 45(1) and (2) and see footnote (f) in relation to the exercise of functions under this subsection.

(6)

1984 c.27; the functions of the Secretary of State under sections 16(2) and (2A) and 84(1), (1A) and (1B) are, so far as exercisable in relation to Scotland, vested in the Scottish Ministers. Those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999, S.I. 1999/1750, article 2 and Schedule 1. The functions of the Secretary of State under sections 16, 16C and 84 are, so far as exercisable in relation to Wales, vested in the Welsh Ministers. Those functions were transferred to the National Assembly for Wales constituted by the Government of Wales Act 1998 (c.38) by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32), they were transferred to the Welsh Ministers immediately after the end of the initial period as defined by section 161(5) of that Act.

Options/Help

Print Options

Print The Whole Instrument

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Opening Options

Different options to open legislation in order to view more content on screen at once

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy

lists of changes made by and/or affecting this legislation item

confers power and blanket amendment details

all formats of all associated documents

correction slips

links to related legislation and further information resources

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

the original print PDF of the as made version that was used for the print copy